Terms and Conditions

Terms and Conditions

Agreement between User and Blue Angel Spirits, LLC

Welcome to www.blueangelvodka.com. The www.blueangelvodka.com website (the “Site”) is comprised of various web pages operated by Blue Angel Spirits, LLC (“Blue Angel”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

Do not use the Site if you are not of legal drinking age or do not agree to or cannot comply with these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blue Angel as a result of these Terms or use of the Site.

Permitted Users of this Site

The Site is an alcohol product website and is intended to be used solely by people who are of legal age to purchase and consume alcohol. If you are not of legal age in your country of residence and the country from which you are accessing this Site, please leave this Site immediately.

NOTE THAT THE ARBITRATION PROVISION BELOW REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST BLUE ANGEL AND OUR AFFILIATES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

Use of this Site

Blue Angel maintains this Site for your personal entertainment, information and education. Blue Angel grants you a limited, personal, non-exclusive and non-transferable license to use the Site and the information and materials set forth therein solely for your personal use. All rights not expressly granted here are reserved to Blue Angel.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. You may not introduce viruses, trojan horses, worms, or other malicious material or code. You may not use any device, software or routine that interferes with the proper working of the Site. You may not directly or indirectly attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site. You may not post unauthorized communications.

Electronic Communications

Visiting the Site, submitting your email address via the Site or sending emails to Blue Angel constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

User Information

While visiting the Site, you may be asked to provide personally identifiable information to Blue Angel (“User Information”). Any User Information you submit or Blue Angel collects through the Site is subject to the Privacy Policy, the terms of which are incorporated into these Terms. Do not provide us with your personally identifiable information if you are not of legal age to purchase alcohol. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. If we believe that you are under the legal age to purchase alcohol, we will make every reasonable effort to remove your User Information from our records.

Children

This Site does not target or provide services to children. Blue Angel does not knowingly collect, either online or offline, personal information from persons under the legal drinking age. If you are not of legal drinking age, you may not use this Site.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Blue Angel and Blue Angel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Blue Angel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blue Angel of the Linked Site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.blueangelvodka.com domain, you hereby acknowledge and consent that Blue Angel may share such information and data with any third party with whom Blue Angel has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Blue Angel that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Blue Angel or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Blue Angel content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Blue Angel and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Blue Angel or our licensors except as expressly authorized by these Terms.

Any unauthorized use of the content of the Site may subject you to civil or criminal penalties.

International Users

The Site is controlled, operated and administered by Blue Angel from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Blue Angel content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Blue Angel, its members, managers, officers, employees, agents, affiliates, and representatives (collectively, the “Indemnified Parties”), for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Blue Angel reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Blue Angel in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLUE ANGEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BLUE ANGEL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BLUE ANGEL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE ANGEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLUE ANGEL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Blue Angel reserves the right, in its sole discretion and for any reason or no reason at all, with or without notice to you and without liability to you or any third party, to terminate your access and/or use of the Site and the related services or any portion thereof at any time.The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of your access and/or use of the Site and related services.

Governing Law

To the maximum extent permitted by law, these Terms are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site, without regard to principles of conflict of laws. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. Any offer for any product, feature, or service of the Site is void where prohibited.

Blue Angel’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Blue Angel’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Blue Angel with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between the user and Blue Angel with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Blue Angel with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Digital Millennium Copyright Act

Blue Angel respects the intellectual property rights of others, and requires that the people who use our Site do the same. If you are a copyright owner and believe that any content posted on the Site infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

identification of the copyrighted work claimed to have been infringed;

identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;

information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site is can be reached as follows:

PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Scope of the Arbitration Agreement. If Blue Angel cannot resolve any dispute with you regarding the Site, any transaction conducted on the Site or these Terms, both you and Blue Angel agree that any such dispute will be resolved through binding individual arbitration. Both you and Blue Angel understand and agree to waive the right to sue or go to court to assert or defend our respective rights. However, either you or Blue Angel may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Blue Angel, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and Blue Angel agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Arbitration Provisions. To file an arbitration demand and review the AAA Rules, you can go to the AAA’s website www.adr.org, or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, you and Blue Angel will mutually agree to, or the court shall select, another arbitration provider. The arbitration will be conducted by telephone, videoconference, or in-person in the county of your residence as mutually agreed upon by you and Blue Angel. If you live outside the United States, any arbitration will take place in San Francisco, California. Unless the arbitrator finds some or all of your claims to be frivolous, without merit or otherwise non-reimbursable, Blue Angel will pay all filing, administrative, arbitrator and hearing costs up to the amount of $10,000.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any third party. You and Blue Angel also agree waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Intellectual Property Disputes. If you have in any manner violated or threatened to violate any of Blue Angel’s intellectual property rights, we may bring suit in any state or federal court in the State of California. You consent to exclusive jurisdiction and venue in these courts.

Changes to Terms

Blue Angel reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Blue Angel encourages you to periodically review the Terms to stay informed of our updates. You can determine when these Terms were last updated by referring to the “Last updated” legend at the bottom of this page.

These Terms constitute the entire agreement between Blue Angel and you regarding your access and use of the Site, and supersedes any prior agreements between you and Blue Angel concerning these matters. If any of these Terms is found to be inconsistent with applicable law, void, or unenforceable for any reason, the remaining portions (and any partially-enforceable provisions) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Blue Angel’s failure to enforce any of these Terms will not be deemed a waiver of such term or any other terms herein or a consent to any subsequent breach of the same or another term. You may not assign or transfer your rights and obligations under these Terms without the prior written consent of Blue Angel. Blue Angel may assign or transfer its rights and obligations under these Terms at any time and without notifying you. Any of the Terms that are, by their nature, intended to survive termination shall survive termination. Section titles are for convenience only and have no legal effect. The Indemnified Parties are third-party beneficiaries to these Terms.